Alfred Mutua now moves to Supreme Court

Embattled Alfred Mutua has moved to the Supreme Court seeking to overturn the nullification of his election as Machakos Governor.

In his appeal Mutua, maintains that he won the election fairly and the Independent Electoral Boundaries Commission (IEBC) conducted the poll in accordance with the law.

Also Read: Big blow to Alfred Mutua as election nullified

“The learned judges of the Court of Appeal erred in law in failing to balance competing constitutional rights, namely the right to vote and be elected under Article 38 of the Constitution and the right to have a verifiable election where the results are accurately collated under Articles 81 and 86 of the Constitution”, court documents read.

Mutua added that the judges of the Court of Appeal erred in law in paying undue regard to forms and procedural technicalities thereby subverting substantive justice contrary to Article 159 (2)(d) of the Constitution.

“The learned judges of the Court of Appeal contradicted themselves by admitting the Appeal for hearing based on the need for substantive justice under Article 159(2) of the Constitution and proceeding to nullify the election based on technicalities,” he noted.

When the matter came up for mention, the deputy registrar directed that the file be placed before the Deputy Chief Justice for further directions.

The Court of Appeal nullified Mutua’s election on June 8 with the judge ruling that the election results declared by the returning officer failed the Constitutional test and could not be verified.